What is the difference between a Will and a Living Trust?
Answer: In a Will, the individual provides for the disposition of her property upon death. A Living Trust is often viewed as a Will substitute meaning that it frequently provides for the disposition of property upon the creator's death; provided, however, there is more to it than that. The main advantage of a Living Trust over a Will is that property in the Living Trust avoids probate upon the creator's death. Unlike a Will, the Living Trust is also a tool for financial management should the creator become incapacitated during her lifetime.
Even if the client has a Living Trust, it is important that she have a Will. If the client has not transferred all property she owns to a Living Trust during her lifetime, some of her property may be subject to probate. The Will provides for the proper disposition of such property. Like a Will, a Living Trust can be revoked or amended at any time provided that the client has the requisite capacity to do so.